If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... Read more »

Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.

If there is no will and your sister wanted to be placed in charge of your deceased parent's estate, she would petition the probate court (2 petitions) in the county where your parents lived when they died and ask to be placed in charge of their estates (Administrator).

If your sister... Read more »

Jammie Taire
answered on Jan 8, 2023

Good Evening:

We really need more information to fully answer this question; however, remember the GAL does not decide the validity of the will, that is left to the Judge. The Judge takes into consideration the opinion of the GAL but it is just that, an opinion.

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »

Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can... Read more »

Yes you are entitled to that information. Look in the probate court files for interim and final accountings. If there are none, hire an attorney to help you remove and replace the executor.

You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son... Read more »

Generally by a Deed conveyance from the grantor to the grantees with that specific estate language in the habendum clause, and sometimes also in the granting clause.

If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »

The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.

This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.

POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the... Read more »

Joseph E. Cheeley, III
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to... Read more »

You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.